[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1515.10]

[Page 778-779]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY
 
PART 1515_FREEDOM OF INFORMATION ACT PROCEDURES--Table of Contents
 
Sec. 1515.10  What information is available, and how can it be obtained?

    (a) When a request for information has been approved, in whole or in 
part, you may make an appointment to inspect or copy the materials 
requested during regular business hours by writing or telephoning the 
Freedom of Information Officer at the address or phone number given in 
Sec. 1515.3(f). You may be charged reasonable fees for copying 
materials, as explained by Sec. 1515.15. The Council on Environmental 
Quality will permit copying of any available material but will reserve 
the right to limit the number of copies made with the Council's copying 
facilities.
    (b) In general, all records of the Council are available to the 
public, as required by the Freedom of Information Act. The Council 
claims the right, where it is applicable, to withhold material under the 
provisions specified in the Freedom of Information Act as amended (5 
U.S.C. 552(b)).
    (c) The legislative history of the establishment of the Council 
states that the Congress intended the Council to be a confidential 
advisor to the President on matters of environmental policy. Therefore, 
members of the public should presume that communications between the 
Council and the President (and their staffs) are confidential and 
ordinarily will not be released; they will usually fall, at a minimum, 
within Exemption 5 of the Act. The Freedom of Information Officer shall 
review each request, however, to determine whether the record is 
exclusively factual or may have factual portions which may be reasonably 
segregated and made available to the requester. Furthermore, on the 
recommendation of the FOIA Officer or Appeals Officer, the Council will 
consider the release of an entire record, even if it comes within an 
exemption or contains policy advice, if its disclosure would not impair 
Executive policymaking processes or

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the Council's participation in decisionmaking.

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